AMERICAN PATENT LAW ASSOCIATION, Hon. EDWIN E. WILLIS, Subcommittee No. 3, House Committee on the Judiciary, DEAR MR. WILLIS: At a meeting of our board of managers on April 26th, the following resolution recommended by our committee on copyright was adopted on behalf of our association: "Resolved, That the American Patent Law Association, pending a general revision of the copyright law, approves in principle the passage by Congress of an act which would continue until December 31, 1967, those subsisting copyrights the renewal terms of which would otherwise expire prior to that date, provided however that such continuation is subject to existing rights and interests." We understand that Subcommittee No. 3 of the House Committee on the Judiciary will hold a hearing on H. J. Res. 627 on Thursday, May 3. We would appreciate the inclusion of our resolution in the record of those hearings. Sincerely yours, CHARLOTTE E. GAUER, Executive Director. LOS ANGELES, CALIF., May 1, 1962. Hon. EDWIN E. WILLIS, Chairman, Subcommittee on Patents, Trademarks, Copyrights, and Revision of the Laws, Committee on Judiciary, House of Representatives, Washington, D.C.: Be it hereby resolved that the National Council of the Writers Guild of America strongly urges the passage of H. J. Res. 627. The council further respectfully suggests that such bill contain an added provision that in those situations in which the coypright proprietor is an employer for hire, that the copyright revert to the author or his heirs for at least the period commencing with the end of 56 years from the date of registration and 1967. DAVID DAVIDSON, National Chairman, Writers Guild of America. Hon. EMANUEL CELLER, GREENBAUM, WOLF & ERNST, New York, N.Y., May 1, 1962. Chairman, House Judiciary Committee, DEAR MR. CELLER: As attorney for the American Society of Magazine Photographers, Inc., and for the Society of Magazine Writers, I wish to submit the enclosed statement in support of House Joint Resolution 627. Very truly yours, HARRIET F. PILPEL. STATEMENT OF HARRIET F. PILPEL AS ATTORNEY FOR AMERICAN SOCIETY OF MAGAZINE PHOTOGRAPHERS, INC., AND SOCIETY OF MAGAZINE WRITERS CONCERNING HOUSE JOINT RESOLUTION 627 We wish to support most vigorously the principle of House Joint Resolution 627. The report of the Register of Copyrights which was issued by this committee on July 10, 1961, sets forth the need for copyright law revision and certain proposals for such revision. There has been much discussion of the extent to which the duration of copyright should be lengthened. The Register's report sets forth one alternative; various interested groups have suggested other alternatives. Most significantly, however, there has been almost no opposition to the general principle that the term of copyright presently provided in our Copyright Act is inadequate. In view of the preponderance of opinion favoring a longer term of copyright, a general revision of the Copyright Act will in all probability provide for a longer term. And it is our belief and hope that the present program for revision will culminate in actual legislation. The distinguished series of 34 studies prepared by the Copyright Office has provided a firm basis for the discussion of revision, and the discussion has been furthered by submission of the specific proposals contained in the Register's report issued by this committee. The copyright law affects the interest of many groups of creators and users of copyrighted materials, and adequate discussion by such groups of the various alternative proposals will undoubtedly take some time. There will, of course, also be the hearings before the House and Senate at which representatives of all interested groups including the public will appear. Every day, however, as such discussions continue, many renewal copyrights are expiring, putting the copyrighted works into the public domain. It would be most unfortunate if the owners of such renewal copyrights were not permitted to obtain the benefits of an extension enacted in the revised law. Accordingly, we strongly recommend that House Joint Resolution 627 be passed in the present session of Congress without further delay. Re House Joint Resolution 627. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, NEW YORK, N.Y., May 1, 1962. DEAR CONGRESSMAN CELLER: On behalf of the Committee on Copyright of the Association of the Bar of the City of New York, I beg to advise you that the committee has considered House Joint Resolution 627, introduced by you in the House of Representatives, and by a majority vote approved of its enactment. I wish, however, to add that in its deliberations the committee noted that the proposal contained in the resolution has been widely discussed formally and informally and that in these discussions it has been universally understood and agreed that the proposed legislation is intended solely to continue the renewal term of copyright, for the period specified in all works for which copyrights subsist and which would otherwise expire during the continued term, and not intended in anywise to create new rights or to impair or disturb the ownership of copyrights or the exercise of any rights under licenses or grants thereunder in such works outstanding on the date the resolution takes effect. The committee believes it desirable that these facts be specifically stated in the report of the Committee on the Judiciary on this resolution and respectfully suggests that this be done. The committee also approved the additional language contained in Senate Joint Resolution 178, introduced by Senator Kefauver in the Senate. It is respectfully requested that this letter be incorporated in the report of the Committee on the Judiciary. Very truly yours, ADOLPH SCHIMEL, Chairman, Committee on Copyright, the Association of the Bar of the Hon. EDWIN E. WILLIS, NEW YORK, N.Y., May 2, 1962. Chairman, Subcommittee 3 of the Judiciary Committee, The Council of the National Institute of Arts and Letters and the board of directors of the American Academy of Arts and Letters strongly recommends the enactment of Congressman Celler's House Joint Resolution 27, and the accompanying resolution introduced in the Senate by Senator Kefauver with resolutions, if enacted, will continue the present copyright laws until a complete revision of the law is effected. DOUGLAS MOORE, President, American Academy. MALCOLM COWLEY, President, National Institute. UNIVERSAL PICTURES Co., INC., Universal City, Calif., May 2, 1962. In re House Joint Resolution 627, extending the duration of copyright protection in certain cases. COMMITTEE ON THE JUDICIARY, U.S. House of Representatives, Washington, D.C. (Attention of Emanuel Celler, chairman). DEAR SIRS: I am chief studio counsel for Universal Pictures Co., Inc., Universal City, Calif., a member of the panel for consultants on general revision of the copyright law and currently cochairman of the Committee on Program for Revision of the Copyright Law, Patent, Trademark and Copyright Section, American Bar Association. However, the statement I desire to file herein is being made in my individual capacity and not as any representative of the American Bar Association. I have read the statement of the Motion Picture Association of America, Inc., on House Joint Resolution 627, which statement is being filed in connection with the above bill, and I concur and join in the statements contained therein. I ask that my statement be submitted for the record. Very truly yours, JOSEPH S. DUBIN. MYSTERY WRITERS OF AMERICA, INC., Hon. EDWIN E. WILLIS, DEAR MR. WILLIS: On behalf of the 500 members of Mystery Writers of America, Inc., I urge support of House Joint Resolution 627, extending the term of copyright protection until 1967 or until a thorough revision of the Copyright Act is completed. We have previously expressed our views to Congressman Celler and to the General Counsel of the Copyright Division of the Library of Congress on the necessity of permanent extension of the term of copyright, as well as other matters covered by the law. We now urge that this interim legislation be enacted to provide protection while the study of all changes is being made. Respectfully yours, Hon. EMANUEL CELLER, RICHARD MARTIN STERN, MOTION PICTURE ASSOCIATION OF AMERICA, INC., Chairman, Committee on the Judiciary, DEAR MR. CELLER: This association asks leave to submit, relative to House Joint Resolution 627, for the hearing noticed by your committee thereon, the views contained in the enclosed memorandum of its law committee of general counsel and its copyright committee, signed by their respective chairmen. Yours faithfully, SIDNEY SCHREIBER, Secretary. This report will state the views of the Motion Picture Association of America, Inc., on House Joint Resolution 627 now pending before the Committee on the Judiciary of the House of Representatives. This association, after consideration of the matter by its law committee of general counsel and its copyright committee, respectfully wishes to inform the Congress that it does not oppose the resolution as we understand its meaning and purpose. Since the motion picture industry is both a creator and user of literary property which is the subject of copyright we feel that our views will be of interest to the Committee on the Judiciary. We understand that it is the purpose of the legislation to continue, until December 31, 1967, copyright renewal terms which would otherwise expire between the effective date of the resolution and December 31, 1967, and that existing renewal assignments and licenses would therefore be similarly continued until December 31, 1967. Proponents of House Joint Resolution 627 have urged that they seek to provide a brief interim continuation to save these expiring copyrights and existing renewal assignments and licenses until the general revision of the Copyright Act can be enacted, on the premise that the period of copyright will probably be lengthened in any general revision of the copyright law. The very word "continued" is used in House Joint Resolution 627 to indicate the intention of prolonging the length of the renewal term, and not to create a new estate, with the result that existing renewal licenses and assignments are also continued. The motion picture industry acknowledges the validity of this simple intention which we understand to be the sole purpose of the proposed legislation, with the natural corollary that persons or companies having contractual rights will continue to have such rights unimpaired during the additional period of the renewal term. Such rights arise, for example, from assignments or licenses which would also expire unless their renewal copyrights are continued by this resolution. Parenthetically, it should be noted that if there is no continuation, the works affected would go into the public domain and we as well as all others would be free to use them. We, however, respectfully and earnestly request the House committee to record this aspect of the intent of the resolution in its report, much as is suggested in the motions and resolutions of the various bar associations which have endorsed this legislation in principle, and as will undoubtedly be confirmed in testimony to the committee on May 3, 1962. General revision of the Copyright Act has been under consideration and study for some time. The report of the Register of Copyrights, which expresses a preliminary point of view as to a number of proposals for general revision, has been the subject of considerable debate, discussion and comment. There is no indication at this time as to the extent to which all the recommendations contained in the report will be included in the bill to be drafted by the Register of Copyrights for submission to the Congress. All who are interested in copyright, whether as creators or users, will have an opportunity to present their views at a later time when consideration is given to legislation, which has not yet been written, for general revision of the Copyright Act. Accordingly, while reserving our comments on overall revision for the appropriate occasion, we wish to indicate our approval of this temporary measure and to thank the committee for this opportunity to state our position. Re: H.J. Res. 627. Hon. EDWIN E. WILLIS, MOTION PICTURE ASSOCIATION OF AMERICA, INC., By ADOLPH SCHIMEL, Chairman, Law Committee of General Counsel. RICHARD COLBY, Chairman, Copyright Committee. MOTION PICTURE ASSOCIATION OF AMERICA, INC., Chairman, Subcommittee on Patents, Trademarks and Copyrights, Committee on the Judiciary, House Office Building, Washington, D.C. DEAR CONGRESSMAN WILLIS: In view of the comments from members of the committee during its May 3 hearing on H.J. Res. 627, calling upon the Register of Copyrights to submit an amendment thereto, in practical application of his stated attiude, this association, acting through the chairmen of the committee of general counsel and its copyright committee, is under the necessity of adding to its leter dated May 2, submitted for the record. It is to be presumed that the draft amendment which the Register will prepare will follow his testimony which, in turn, was based upon the recommendations in his report to the Congress on general revision of the copyright law. H.J. Res. 627, of course, does not embody those recommendations which have been the subject of widespread critical discussion in copyright circles. They are so novel to our law and of such doubtful wisdom and equity that much of the expected delay in the enactment of a comprehensive general revision may be attributed to the need for their full evaluation and consideration. It is not appropriate to embody such recommendations in a measure designed as is H.J. Res. 627 to be a "stopgap" only for a limited term of 5 years, which the Register would wish to see reduced to 2 years. This association, in behalf of the motion picture industry, voiced approval of H.J. Res. 627 on the basis of its intent and application, stated by its sponsors. Approval of the bill by competent committees of the bar associations proceeded from that basis which is that existing rights and interests would not be impaired or affected by the limited continuance of the copyright term. Any proposed amendment by the Register which goes contrary to this basis must alter our viewpoint in respect to the bill. We therefore request the opportunity of further hearings to be taken thereon, at which we and others similarly affected may make known our position, and give testimony on the merits, concerning any amendments submitted by the Register. The very serious and harmful effects upon the motion picture industry if H.J. Res. 627 were amended along lines suggested by the Register can be only very briefly indicated at this time. A few examples are illustrative: 1. A motion picture is produced based on a literary work first copyrighted during the period 1906-11 so that its renewal term would be continued. A substantial sum will normally have been paid for the right to make and exploit the motion picture version during the copyright term and any extension thereof. The value of the literary work will have been enhanced by the exploitation of the motion picture based upon it. The motion picture, as is so often the case, may not have earned profits or even recouped its cost. Yet the author or his heirs, if the Register had his way, would be able to interfere with or halt the further distribution of the motion picture. At present, of course, in the absence of further legislation, the company could continue to distribute the motion picture at the expiration of the copyright in the basic work because the work would be in the public domain. 2. A motion picture contains a great many musical works under license from their respective composers calling for a fixed payment for each number in a negotiated fair amount. Would that picture have to be withdrawn from release if the copyright which would have expired in 1 of 20 songs is continued but only for the original composer and in disregard of his contract with the producer? In the absence of any legislation the musical composition would fall in the public domain and distribution of the motion picture would not be interfered with. Under H.J. Res. 627 as it now stands, the motion picture would not be damaged and the copyright on the musical work would be protected as to its other sources of income such as performing fee in which the composer would continue to share wherever performances fees are collected. Since the Register's suggestions in relation to H.J. Res. 627 which derive from the recommendations in his revision report, would impair and take away property from the motion picture companies, they wish for the opportunity to make a fuller demonstration to the committee in vigorous opposition. Recently the association furnished its comments on the revision report. Attached hereto are portions from those comments which are relevant to the views the Register has expressed in relation to H.J. Res. 627 following his revision report. H.J. Res. 627 as introduced has the support of interested copyright creator and user groups including the motion picture industry. For the motion picture industry it must be emphasized that there is no advantage in preventing works. first copyrighted in the years 1906-11 from falling into the public domain. It would be unfortunate to seek amendment to H.J. Res. 627 by the inclusion of matters in controversy to which there is strong opposition by affected interests. It is hoped that the committee will, upon further consideration, act upon the measure in its present form. Mr. John Schulman, the first witness at the May 3 hearing, expressed the hope that if the committee reports H.J. Res. 627 favorably for passage, its report would note that the prolongation of the renewal term will not impair existing rights and that existing licenses and contracts would be continued. We join in that expression. That, of course, is the recognized intent of the measure on the basis of which the bar associations have stated their approval. Yours faithfully, SIDNEY SCHREIBER. |